Philadelphia has adopted new local O.C. Rules 1.8(c) (forms), 14.1A (guardianship petition practice and pleading), and 14.2A (petition for adjudication of incapacity), 14.6A (determination of incapacity and selection of guardian; hearing date), and 14.8A (guardianship reporting, monitoring, review, and compliance), … Continue reading
Daniel Evans
Dauphin County has adopted new local O.C. Rules 14.1(c.1) (post adjudication petitions) and 14.2 (proof of service) for guardianship proceedings, to be effective June 1, 2019. “Promulgation of Local Rules; No. 1793 S 1989” (Dauphin Co. 4/18/2019), 49 Pa.B. 2489 … Continue reading
Judge Tunnell of Chester County addressed a number of interesting and practical issues in his adjudication in Griggs Revocable Trust, 9 Fid.Rep.3d 85 (Chester O.C. 2019), including whether a trustee who has resigned (or been removed) can delay transferring trust...
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Bucks County has vacated Bucks Co. O.C. Rules 14.2A through 14.5I and and adopted Rules 14.2A (Notice of Mental Health Commitment), 14.2B (Withdrawal of Petition), and 14.9A (Allowances), all relating to guardianships. “Order Rescinding Orphans’ Court Rules 14.2A through 14.5I … Continue reading
There have been attempts from time to time in the Pennsylvania House of Representatives to repeal the Pennsylvania inheritance tax, but those attempts have always died in the Senate. It is therefore noteworthy that a bill to repeal the inheritance … Continue reading
The Supreme Court’s Committee on Rules of Evidence has published a proposed addition to the official comment to Pa.R.E. Rule 401 (“Test for Relevant Evidence”). The new comment would state that: “Generally, evidence of a person’s race, sex, gender identity … Continue reading
Pennsylvania’s filial support law (23 Pa.C.S. § 4603) applies to the New Jersey parents of an adult indigent son who was provided care in Pennsylvania. Melmark, Inc. v. Schutt, 78 MAP 2017 (Pa. 4/26/2019), rev’g 169 A.3d 638, 2017 PA … Continue reading
The administrator of an estate, who was not the sole beneficiary of the estate, cannot bring an action for medical malpractice “pro se” and without a lawyer. Deree J. Norman, Administrator v. Temple University Health System, 208 A.3d 1115, 2019 … Continue reading
When trust document specifically excluded son from discretionary distribution decisions for son’s trust, son may be appointed to serve as a trustee but may not be the sole trustee. It was proper for the corporate trustee who had been appointed … Continue reading
An agent abused her powers, and was ordered to return joint accounts to the estate, when she added the principal’s money to accounts that were in the joint names of her and the principal, knowing that the money would become … Continue reading